The top-heavy minimum benefit requirements shall be met as provided under [Section 3.2(c)(2)] concerning profit sharing and qualified nonelective contribution allocations.

In any plan year in which this plan is top-heavy (as defined in [Section 5.4(d)(2)]), the top-heavy minimum benefit requirement with respect to a participant shall first be met by any allocation to the qualified nonelective contribution account for the plan year. Then, the contributions and forfeitures allocable to the profit sharing account shall be adjusted as necessary for compliance. The total of the contributions and forfeitures allocated to such account(s) of each participant shall not be less than an amount equal to 3% of his compensation or the largest percentage of elective deferral contribution, employer contribution, and forfeiture allocated on behalf of any key employee for that year, whichever is less.

Fourteenth Floor Additional Premises: Fourteenth Floor Commencement Date Effective as of January 1, 2010 (the “Fourteenth Floor Commencement Date”) the premises located on the fourteenth (14th) floor of the Building and outlined on attached Exhibit A-2 and labeled “Fourteenth Floor Additional Premises” shall be added to the Lease. The parties hereby agree that, for all purposes of the Lease, the Fourteenth Floor Additional Premises shall be deemed to consist of 2.400 rentable square feet of space. The parties acknowledge that, as of the date hereof, Tenant is in occupancy of the Fourteenth Floor Additional Premises pursuant to a sublease, dated May 1, 2007, between Great American Insurance Company, as sublandlord, and Tenant, as subtenant, the term of which sublease expires on December 31, 2009. Accordingly, as of the Fourteenth Floor Commencement Date, Tenant will already be in possession of the Fourteenth Floor Additional Premises.

subject to the proviso at the end of this [clause (f)], on Floor Plan Equipment Inventory, but only to the extent such Liens # secure only the Indebtedness described in clause (b) of the definition of “Permitted Purchase Money Indebtedness” and # attach only to the Equipment Inventory purchased with the proceeds of such Indebtedness, and

The following work shall be performed to the base building air conditioning equipment serving the 5th Floor Space (which work shall be performed utilizing a contractor selected by Landlord provided that the use of such contractor shall not void any warranty associated with such equipment); provided that distribution within the Premises shall be at Tenant’s sole cost and expense:

“Business” shall mean the business engaged in by Employer, which includes, among other services, site development, heavy civil construction, water and wastewater construction, fabrication, infrastructure construction, including highways and bridges, oil and gas pipeline construction and replacement, directional drilling, construction of industrial facilities, equipment installation, storage facilities, process piping, engineering, project management, inspection services, structural steel and maintenance services.

a Loan Party does not have good, valid, and marketable title thereto, free and clear of all Liens (including the rights of a purchaser that has made progress payments and the rights of a surety that has issued a bond to assure a Loan Party’s performance with respect to that Equipment Inventory), except for Agent’s Lien and Permitted Liens (provided, however, that if such Equipment Inventory constitutes Floor Plan Equipment Inventory or Off Balance Sheet Equipment Inventory, then Agent shall have received a Vendor Intercreditor Agreement with respect to such Equipment Inventory or, in its Permitted Discretion, implemented Reserves as contemplated in [clause (f)] of the definition of “Permitted Liens” or made such Equipment Inventory ineligible hereunder),

Top-Heavy Plan Year means a Plan Year during which the Plan is a Top-Heavy Plan.

Definition of Top-Heavy Plan. This Plan shall be a Top-Heavy Plan if any of the following conditions exists:

Top-Heavy Rules of Application. For purposes of determining the value of Account balances and the present value of accrued benefits the following provisions shall apply: